Belleview man's backward fence could spark ordinance amendment

Commissioners discussed fence, as well as big picture, at Tuesday meeting.

Nicki Gorny @Nicki_Gorny

An ordinance change could be in the works in Belleview, thanks to a resident with a backward-facing fence.

The resident brought his case before the Belleview City Commission on Tuesday, explaining that a city code enforcement officer had earlier in the day refused to sign off on an inspection of his fence. The reason, as relayed to him by code enforcement, was that he had gone against city ordinance by building his backyard fence so the bracing boards faced outward, rather than inward, along the side of his yard. He said he did it that way so his dogs were less likely to escape.

The resident, who lives on Southeast 54th Street, said he did not know that flipping his fence was against any ordinance.

Sue Farnsworth, development services director, confirmed that her office did not specifically discuss fence directions with the resident, nor provide any paperwork to that end.

Commissioners did not seem inclined to hold the error against the resident. Mayor Christine Dobkowski suggested issuing a variance, which would give the man permission to flout the ordinance, and waiving the $600 fee that is typically tied to variances.

But, as city attorney Fred Landt pointed out, that move would raise a broader question.

The city ordinance on variances dictates that, to grant a variance, the planning and zoning board must find that “special conditions and circumstances do not result from the actions of the applicant.” Landt suggested the commissioners consider amending the ordinance in anticipation of similar issues that might come before the commission in the future.

“You have to think of every applicant that comes subsequently,” he said.

The city does not yet have a timeline, or commitment, to change the ordinance on variances. On Tuesday, commissioners ultimately decided to recommend, however, that the city's planning and zoning board grant the resident a variance, since that agency has the final say, and to waive the $600 fee.